In order to employ foreign-citizens in the U.S. you will need to file form I-129, Petition for Nonimmigrant, as well as obtain a Labor Certification.
Follow these steps to file the I-129:
- Determine your reason for filing. Reasons for filing include:
- New Employment, for first time employment with the U.S. company or for employment in a new position;
- Continuation of Employment, to continue employment of a foreign worker in the same position;
- Non-Material Change, if there is a non-material change in the position of the foreign worker such as a title of job change;
- Additional Employment, if the foreign worker is to begin employment with an additional employer under the same nonimmigrant classification;
- Change of Employer, if the foreign worker will work for a new employer in the same nonimmigrant classification; or
- Amended Petition, for material changes in the foreign-worker’s terms and conditions of employment such as an adjustment of duties.
- Select the appropriate immigration classification:
- E-2 CNMI, for those who wish to invest in the Commonwealth of Northern Mariana Island (CNMI);
- H-1B, for foreign workers who are to be employed in specialty occupations;
- H-3, for foreign-citizens who are to participate in a special education exchange visitor program;
- L-1, for foreign workers who are to be employed in managerial or executive positions;
- O-1A, for foreign workers who possess extraordinary abilities in the sciences, education, business or athletics;
- O-1B, for foreign workers who possess extraordinary abilities in the arts or extraordinary achievement in the motion picture or television industry;
- O-2, for foreign-citizens whose only purpose of stay is to assist an O-1 visa holder in a performance;
- P-1A or P-1, for foreign-citizen professional athletes;
- P1B, for foreign-citizen entertainers who will perform in an internationally recognized performance group;
- P-2, for foreign-citizen performers who are a part of a reciprocal exchange program;
- P-3, for foreign-citizens who will perform, teach, or coach in the arts or entertainment;
- Q-1, for foreign-citizens who will participate in an international cultural exchange program; or
- R-1, for religious workers.
- Complete the form and provide supporting documentation.
- File at the appropriate USCIS servicing center